from office," and Article 53(1) of the Constitutional Court Act provides
that the "Constitutional Court shall issue a decision removing the
public official from office when there is a valid ground for the petition
for impeachment adjudication." Here, the issue is how to interpret the
phrase of "when there is a valid ground for the petition for impeachment adjudication."
One possible literal interpretation is that Article 53(1) of the
Constitutional Court Act provides that the Constitutional Court shall
automatically issue a decision removing the public official from office
as long as there is any valid ground for impeachment set forth in
Article 65(1) of the Constitution. However, under such interpretation,
the Constitutional Court is bound to order removal from public office
upon finding any act of the respondent in violation of law without
regard to the gravity of illegality. Should the respondent be removed
from his office for any and all miscellaneous violations of law committed in the course of performing his official duties, this would be
against the principle of proportionality that requests constitutional
punishment that corresponds to the responsibility given to the respondent. Therefore, the existence of the 'valid ground for the petition
for impeachment adjudication' in Article 53(1) of the Constitutional
Court Act means the existence of a 'grave' violation of law sufficient
to justify removal of a public official from his or her office and not
merely any violation of law.
B. Standard to be adopted in judging the 'gravity
of violations'
(1) The question of whether there was a 'grave violation of law'
or whether the 'removal is justifiable' cannot be conceived by itself.
Thus, whether or not to remove a public official from office should
be determined by balancing the 'gravity of the violation of law' by
the public official against the 'impact of the decision to remove.' As
the essential nature of the impeachment adjudication process lies in
the protection and the preservation of the Constitution, the 'gravity
of the violation of law' means the 'gravity in terms of the protection
of the constitutional order.' Therefore, the existence of a valid ground
for the petition for impeachment adjudication, that is, the removal
from office, should be determined by balancing the 'degree of the
negative impact on or the harm to the constitutional order caused
by the violation of law' and the 'effect to be caused by the removal
of the respondent from office.'
(2) The President is in an extremely significant status as the
head of the state and the chief of the executive branch (Article 66
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